Comparative Fault Payout Calculator
Partly at fault for the accident? See how much of your damages you can still recover from the other driver under your state's fault rule.
Short answer
In most states your payout is cut by your share of the fault. In 25 states you get nothing at 51% or more, in 10 states at 50% or more, and 10 states pay something at any share. Alabama, Maryland, North Carolina, Virginia and DC bar recovery if you were even slightly at fault.
The four fault systems
- Pure contributory negligence (Alabama, Maryland, North Carolina, Virginia and DC): any fault of your own, even 1%, can bar recovery from the other driver.
- Pure comparative fault: you recover your damages minus your percentage of fault, even if you were mostly to blame.
- Modified comparative fault, 50% bar: reduced by your share, and nothing at 50% or more.
- Modified comparative fault, 51% bar: reduced by your share, and nothing once you are more at fault than the other side.
South Dakota uses its own slight/gross negligence test. Every state's rule, with its citation, is on our state pages.
Why a few percentage points matter
On a $20,000 claim, every 10% of fault the adjuster puts on you costs $2,000. Near the 50% line it can cost everything. Photos of the scene, the police report, witness names and dashcam video are what move the percentage, so send them with a written reply when you dispute the insurer's fault decision.
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Worked example
You have $15,000 in damages and the adjuster puts you at 30% fault.
- California (pure comparative): $15,000 × 70% = $10,500.
- Texas (51% bar): also $10,500, but at 51% fault it would be $0.
- Virginia (pure contributory): $0, because any fault can bar recovery.
Frequently asked questions
Who decides how much each driver was at fault?
In a claim, each insurer's adjuster makes a liability decision from the police report, statements, photos and traffic law. If you disagree, dispute it in writing with your evidence; if the claim goes to court, the judge or jury decides.
Does my own insurance pay if I was partly at fault?
Your collision coverage pays for your car minus the deductible regardless of fault, and your insurer may then recover part of it from the other driver's insurer. Fault rules decide what you can claim from the other driver.